Pet Portraits Terms And Conditions

SECTION I – Ring Pet Portraits Contest Official Rules

SECTION II – Ring Pet Portraits Donation Terms And Conditions

SECTION I

RING PET PORTRAITS CONTEST OFFICIAL RULES

This Contest is in no way sponsored, endorsed or administered by, or associated with Instagram or TikTok.

• CONTEST PERIOD: The Ring Pet Portraits Contest (“Contest”) starts at 12:00 a.m. Eastern Time (“ET”) on May 13, 2024 and ends at 11:59 p.m. ET on June 14, 2024 (“Contest Period”).

• ELIGIBILITY: Open to legal residents of the 50 United States and the District of Columbia, 18 years of age (or the age of majority in your location if greater than 18) or older as of date of entry, who, as of May 12, 2024, possess a web enabled mobile device and have a Pet (as defined below). Employees of Ring, LLC d/b/a Ring (the “Sponsor”), Don Jagoda Associates, Inc. (“Administrator”), their respective affiliates, parent companies, subsidiaries, divisions, suppliers, distributors and advertising, promotional and judging agencies (collectively, the “Sponsor and its Administrators”), and its affiliates and each of their respective employees, shareholders, directors, officers, members, assigns and agents and their immediate family members and/or those living in the same household of each are not eligible to participate or win. Void where prohibited by law. Contest is subject to all applicable federal, state and local laws.

• HOW TO ENTER: During the Contest Period, you may enter by following @ring on TikTok or Instagram (depending on the platform in which you’re entering on) and posting on the static feed of your public profile on TikTok or Instagram (not Story) a photo or a video (60 seconds or less) that was captured on your Ring or other device showcasing a day in the life of having a pet using the hashtags #RingPets and #contest (the “Submission”) to receive one (1) entry (the “Entry”). You must own the domesticated pet (“Pet”) depicted in your Entry.
  
  Your Instagram/TikTok account must be set to public for your Entry to be eligible. You must have an Instagram account to enter via Instagram. You must have a TikTok account to enter via TikTok. Potential winner may be required to show proof of being the authorized account holder of the Instagram/TikTok account associated with the Entry. There is no limit to the number of Entries you may submit, but each Entry must be unique. The person uploading the Entry will be deemed the entrant (the “Entrant”). If there is a dispute as to the identity of an Entrant, the Entrant will be deemed the authorized account holder of the Instagram/TikTok account used for Entry, as long as such person is otherwise eligible in accordance with these Official Rules and is the owner of the Pet. “Authorized account holder” of an Instagram/TikTok account is defined as the person who is responsible for joining Instagram/TikTok and who manages the e-mail address associated with the account. Any Entry not in compliance with the above and which does not meet the other requirements of these Official Rules will be disqualified. Participation is subject to disqualification of all Entries, if Sponsor and its Administrators discover that multiple accounts are used by the same person. As applicable, normal Internet/phone access and usage/data charges imposed by Entrants’ online/mobile service may apply.

• ENTRY REQUIREMENTS, REPRESENTATIONS, AND WARRANTIES: You acknowledge and agree to the following with respect to the Entry you submit: Receipt of Entries will not be acknowledged. Automated, script, macro or robotic Entries submitted by individuals will be disqualified. Incomplete, corrupted, or untimely entries are void and will be disqualified. Sponsor and its agencies are not responsible for lost, late, incomplete, damaged, stolen or misdirected entries; lost, interrupted, or unavailable network, server, or other connections; or miscommunications, computer or software malfunctions, telephone transmission problems, technical failures, garbled transmissions, damage to a user’s equipment/device (software or hardware), or other errors or malfunctions of any kind, whether human, mechanical, electronic or otherwise. Proof of submission will not be deemed to be proof of receipt by Sponsor. Entries specifying an invalid, non-working, or inactive email address will be disqualified and ineligible to win. Normal time rates, data rates and other fees or charges, if any, charged by the Entrant’s Internet access, phone or mobile service provider may apply.
  
  By submitting an Entry, each Entrant irrevocably grants to Sponsor and its parent companies, subsidiaries, affiliates and advertising and promotion agencies, and the successors and assigns and licensees of each of the foregoing the right to use the Entrant’s name/likeness, Entrant’s Pet’s name/likeness, voice, persona, biographical information and/or statements attributed to the Entrant and the Entrant’s Entry (including, without limitation, the video/photo that is part of the Entry), in whole or in part, in perpetuity, throughout the world, in all media and formats whether now or later known or developed, including without limitation via Sponsor’s and third-party websites and social media and digital channels, for advertising, trade, promotional and commercial purposes and any other purposes, without further notice or compensation, unless prohibited by law. Entrants and Grand Prize winner acknowledge and agree that their Entry becomes the property of the Sponsor, which thereby has the right to edit, adapt, modify, reproduce, promote and otherwise use Entry in any way it sees.

Any Entry not in compliance with the above and which does not meet the requirements of these Official Rules will be disqualified.

• Anyone depicted in the Entry must be 18 years of age or older unless the child/charge of Entrant. Anyone depicted in the Entry must have provided their consent to be featured.
• Multiple Pets in a single Entry are not permitted.
• If Pet is depicted in a vehicle, it must be parked.
• Entry must not contain or depict any harmful or dangerous activity (in Sponsor’s sole discretion) that is detrimental to the safety and well-being of the Pet or Pet’s owner.
• Entrant must be the legal owner of the Pet depicted in the Entry submitted.
• Entry must not contain, include, or encourage images or activities that are dangerous, unsafe, or present unreasonable risk of harm to person or property or include pranks or comedic content with negative intent on others.
• Entry must not contain illegal drugs or stimulants.
• The Entry, or portion thereof, must not contain obscene, profane, lewd, nudity, offensive language, defamatory, vulgarity or inappropriate content or language, or be disparaging to Sponsor, as determined in Sponsor’s sole discretion.
• Entry should not, and you represent and warrant that it will not, violate or infringe any third-party copyright, trademark, trade dress, logos, or other proprietary right of any entity or person (living or deceased), including, but not limited to rights of privacy, publicity or portrayal in a false light, or Entry may be disqualified.
• Entry should not make reference to any commercial/corporate advertising, including but not limited to corporate logos, brand names (other than Sponsor-owned brands), slogans, political, or religious statements, or be otherwise objectionable, or Entry may be disqualified. 
• Entry must not include any representation or likeness of celebrities, athletes, musicians, or any other public or private figure (living or dead unless you have express permission), any commercial solicitation or promotional materials or last name, address, phone number, or URL address.
• Entrants and all submitted Entries must be in keeping with the image or message of the Sponsor in its sole discretion, or Entry may be disqualified from the Contest.
• Entry must be the Entrant’s sole original work(s) and may not have been submitted previously in a promotion of any kind or previously exhibited or displayed publicly (i.e., disclosed beyond your immediate circle of friends and family) through any means.
• You must own all rights to the Entry and have the right to grant Sponsor a license to use the Entry (and any material embodied in the Entry).
• Entry must not contain material that promotes bigotry, racism, hate speech, terrorism, bullying or harm against any group or individual or promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
• Entry must not contain sexual content.
• The Entry cannot defame, misrepresent or contain disparaging remarks about Sponsor and its Administrator or their products or other people, products or companies.
• Entry must not contain content that is known by you to be false, inaccurate or misleading.

• GRAND PRIZE JUDGING AND NOTIFICATION: All Submissions will be judged by Sponsor-selected judges (“Judges”) (which may include, but is not limited to, the Administrator, Sponsor, ASPCA, and Drew Barrymore) on or about June 28, 2024, based on the following criteria:

• Suitability for Promotional Purposes (30%)

• Entertainment Value (30%)

• Originality & Creativity (20%)

• Relevance to Theme (20%)

The criteria outlined above will be collectively known as the “Judging Criteria.” The Judges will use the Judging Criteria to determine one (1) Grand Prize winner. Any tied Submissions will be re-judged by the judges based 100% on Suitability for Promotional Purposes. Judges’ decisions are final with respect to all matters relating to the Contest. By participating, Entrants agree to the Official Rules and the decisions of the Judges, which shall be final and binding in all respects.

Potential Grand Prize winner will be initially notified via direct message on TikTok/Instagram (as applicable) and will be required to follow the instructions outlined in the direct message within twenty-four (24) hours or potential Grand Prize winner may be disqualified. Potential Grand Prize winner may need to accept @ring as a follower on TikTok to receive a direct message. Potential Grand Prize winner will then be required to sign and return via DocuSign, a Declaration of Eligibility, liability/publicity release (except where prohibited by law) and assignment of rights (“Declaration”) within twenty-four (24) hours of notification attempt or potential Grand Prize winner may be disqualified and an alternate potential Grand Prize winner may be determined from the next highest scoring Submission (as outlined above). Return of Declaration as undeliverable, if the Declaration is not received within the required time period or if a potential Grand Prize winner is deemed ineligible, potential Grand Prize winner will be disqualified and an alternate will be determined (as outlined above).

• GRAND PRIZE: GrandPrize (1): The opportunity for Grand Prize winner’s Submission to be featured in Sponsor-selected marketing materials for Ring (“Opportunity”). There is no retail value or compensation associated with the Opportunity. Marketing materials will be created within approximately one (1) year of Grand Prize winner confirmation.  Grand Prize winner may be asked to create additional content featuring their Pet (which may include, but is not limited to, photos or videos) (“content”) and submit the content to Sponsor in the format requested by Sponsor. Sponsor reserves the right to provide winner with details of specific content they wish for winner to capture. Sponsor may use this content (along with the Grand Prize winner’s Submission) in any way it sees fit. Grand Prize winner understands and agrees that Sponsor has the right to edit, adapt, modify, reproduce, promote and otherwise use the content/Submission in any way it sees fit. Grand Prize is non-transferable and no substitution is allowed except by the Sponsor. All details of the Opportunity are in Sponsor’s sole discretion.
  
  Potential Grand Prize winner understands and agrees that, as a condition of becoming the Grand Prize winner, they may be subject to a background check at the sole discretion of Sponsor; failure to comply may result in disqualification and forfeiture of prize. In addition, at the discretion of the Sponsor, potential Grand Prize winner may be disqualified: (a) if charged with or convicted of a felony or misdemeanor; (b) if Sponsor determines, in its sole discretion, that awarding the prize to such individual may reflect unfavorably on the Contest or Sponsor; (c) if they are not eligible to receive the prize based on the eligibility requirements set forth in these Official Rules; (d) if Sponsor determines that they have failed to comply with these Official Rules in any way; or (e) if they refuse to or cannot accept the prize for any reason. Potential Grand Prize winner’s social media profiles must be in keeping with the Sponsor’s image or they may be disqualified, in Sponsor’s sole discretion.

• GENERAL: The Site’s computer timestamp is the official timekeeper for purposes of this Contest. Potential Grand Prize winner and all Entrants, as a condition of entry into the Contest, agree to release and hold harmless Sponsor and its Administrators, Instagram, TikTok, each of their respective agencies, parents, subsidiaries, affiliates and each of their respective officers, directors, shareholders, members, employees, agents, assigns, and all others associated with the development and execution of the Contest (collectively the “Released Parties”) from and against any and all liability, claims or actions of any kind whatsoever for injuries, damages, or losses to persons or property which may be sustained in connection with submitting an Entry or otherwise participating in any aspect of the Contest, the receipt, ownership or use of prize awarded or any typographical or other error in these Official Rules or the announcement or offering of the prize. Grand Prize winner assumes all liability for any injury or damage caused, or claimed to be caused by participation in the Contest or use or redemption of the prize Opportunity. Acceptance of the prize Opportunity constitutes permission to use Grand Prize winner’s name/likeness, Grand Prize winner’s Pet’s name/likeness, content, Submission, and Entry for promotional purposes (including any possible public relations opportunities or depictions on Sponsor’s social media pages) without further compensation except where prohibited by law. By entering, Entrant accepts and agrees to be bound by these Official Rules.  Sponsor reserves the right at its sole discretion to disqualify any individual that tampers or attempts to tamper with the entry process or the operation of the Contest; violates the Official Rules; acts in an unsportspersonlike or disruptive manner; or acts with intent to annoy, abuse, threaten or harass any other person. The Released Parties are not responsible for technical, hardware or software malfunctions, telephone failures of any kind, lost or unavailable network connections, or failed, incorrect, inaccurate, incomplete, garbled or delayed electronic communications, whether caused by the sender, by any of the equipment or programming associated with or utilized in the Contest which may limit the ability to participate, or by any human error which may occur in the processing of the Entries in the Contest. Entries generated by script or bot are not eligible. Sponsor reserves the right to cancel, terminate or modify the Contest for any reason, at any time. In such event, Sponsor may determine the Grand Prize winner from eligible Entries received prior to cancellation as outlined above or may cancel the Contest and not determine the Grand Prize winner if no eligible and qualified Entries are received. As a condition of entering the Contest, Entrant agrees that: 1) under no circumstance will Entrant be permitted to obtain awards for, and Entrant hereby waives all rights to claim, punitive, incidental, consequential or any other damages, other than for out-of-pocket expenses; 2) all causes of action arising out of or connected with the Contest, or prize awarded, shall be resolved individually, without resort to any form of class action; and 3) any and all claims, judgments, and award shall be limited to actual out-of-pocket costs incurred, but in no event will Entrant be entitled to receive attorneys’ fees or other legal costs.

• ENTRANTS’ PERSONAL INFORMATION: Information collected from Entrants is subject to Sponsor’s Privacy Policy, located at https://ring.com/privacy-notice.

• GOVERNING LAW & VENUE: THE CONTEST IS GOVERNED BY, AND WILL BE CONSTRUED IN ACCORDANCE WITH, THE LAWS OF THE STATE OF CALIFORNIA, AND THE FORUM AND VENUE FOR ANY DISPUTE SHALL BE IN HAWTHORNE, CALIFORNIA, WITHOUT GIVING EFFECT TO ANY CHOICE OF LAW OR CONFLICT OF LAW RULES OR PROVISIONS WHICH MIGHT OTHERWISE CAUSE THE APPLICATION OF THE LAWS OF ANY JURISDICTION OTHER THAN THE STATE OF CALIFORNIA. IF THE CONTROVERSY OR CLAIM IS NOT OTHERWISE RESOLVED THROUGH DIRECT DISCUSSIONS OR MEDIATION, IT SHALL THEN BE RESOLVED BY FINAL AND BINDING ARBITRATION ADMINISTERED BY JUDICIAL ARBITRATION AND MEDIATION SERVICES, INC., IN ACCORDANCE WITH ITS STREAMLINED ARBITRATION RULES AND PROCEDURES OR SUBSEQUENT VERSIONS THEREOF (“JAMS RULES”). THE JAMS RULES FOR SELECTION OF AN ARBITRATOR SHALL BE FOLLOWED, EXCEPT THAT THE ARBITRATOR SHALL BE EXPERIENCED AND LICENSED TO PRACTICE LAW IN CALIFORNIA. ALL PROCEEDINGS BROUGHT PURSUANT TO THIS PARAGRAPH WILL BE CONDUCTED IN THE COUNTY OF LOS ANGELES. THE REMEDY FOR ANY CLAIM SHALL BE LIMITED TO ACTUAL DAMAGES, AND IN NO EVENT SHALL ANY PARTY BE ENTITLED TO RECOVER PUNITIVE, EXEMPLARY, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, INCLUDING ATTORNEYS’ FEES OR OTHER SUCH RELATED COSTS OF BRINGING A CLAIM, OR TO RESCIND THIS AGREEMENT OR SEEK INJUNCTIVE OR ANY OTHER EQUITABLE RELIEF. ENTRANTS AGREE THAT ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THIS CONTEST SHALL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION.

• SPONSOR/ADMINISTRATOR: The Sponsor of the Contest is Ring, LLC d/b/a Ring, 12515 Cerise Ave, Hawthorne, CA 90250. The Administrator of the Contest is Don Jagoda Associates, Inc., 100 Marcus Drive, Melville, NY 11747.
  
  ASPCA is not a Sponsor of the Contest and is not the sole deciding factor in determining the winner of the Contest.

SECTION II

RING PET PORTRAITS DONATION TERMS AND CONDITIONS

The following Terms and Conditions (these “Program Terms”) set forth a legally binding agreement between you (“you”) and Ring LLC and its affiliates, parents and subsidiaries (collectively, “Ring”) related to content you post or upload to your social media profile(s) using the hashtag, “#RingPets”, and your participation in the Ring Pet Portraits Program (the “Program”). By such participation, you are agreeing to these Program Terms. Your acceptance of these Program Terms does not guarantee your participation in the Program. You acknowledge and agree that you have reviewed the Ring Terms of Service and Privacy Notice, each of which may also apply to your interactions with Ring.

• Under the Program, for each unique picture or video (60 seconds or less) posted between 12:00 a.m. ET on 5/13/2024 and ends 11:59 p.m. ET on 6/14/2024 on the static feed of a public profile on TikTok or Instagram with the hashtag “#RingPets” (collectively, “Program Content”), Ring will make a donation in the amount of USD $10 to the American Society for the Prevention of Cruelty to Animals (the “ASPCA”) up to a maximum of $100,000 and a donation in the amount of USD $10 to other local animal shelters to be determined by Ring up to a maximum of $400,000 total. You must own the domesticated pet depicted in your Entry.

• Ring guarantees a minimum donation to the ASPCA of USD $100,000 and $400,000 total between other local animal shelters to be determined by Ring in the aggregate pursuant to the Program.

• Program Content does not need to have been captured by a Ring device.

• In order to qualify for the Program, Program Content must:
  – be original;
  – be accurate (where it states facts);
  – be genuinely held (where it states opinions or experiences); and
  – comply with applicable law.

• In order to qualify for the Program, Program Content must not:
  – contain or depict any harmful or dangerous activity (in Sponsor’s sole discretion) that is detrimental to the safety and well-being of the Pet or Pet’s owner;
  – contain, include, or encourage images or activities that are dangerous, unsafe, or present unreasonable risk of harm to person or property or include pranks or comedic content with negative intent on others;
  – contain illegal drugs or stimulants;
  – contain obscene, profane, lewd, nudity, offensive language, defamatory, vulgarity or inappropriate content or language, or be disparaging to Sponsor, as determined in Sponsor’s sole discretion;
  – violate or infringe any third-party copyright, trademark, trade dress, logos, or other proprietary right of any entity or person (living or deceased), including, but not limited to rights of privacy, publicity or portrayal in a false light, or Entry may be disqualified;
  – include any representation or likeness of celebrities, athletes, musicians, or any other public or private figure (living or dead unless you have express permission), any commercial solicitation or promotional materials or last name, address, phone number, or URL address;
  – contain material that promotes bigotry, racism, hate speech, terrorism, bullying or harm against any group or individual or promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
  – contain sexual content; or
  – contain content that is known by you to be false, inaccurate or misleading.

• Ring reserves the right to deny, in its sole discretion, for any or no reason, any picture or video from qualifying for the Program.

• Ring reserves the right to modify or cancel the Program, for any or no reason, at any time.

• Ring does not claim ownership of your intellectual property rights in your Program Content. Other than the rights you grant to Ring under these Program Terms, the Contest Terms, or Other Terms, you retain all rights you have in your Program Content.

• For any Program Content, you grant Ring and its licensees, successors, agents and assigns an irrevocable, perpetual, non-exclusive, transferable, sublicensable, royalty-free, fully paid-up, worldwide license to access, distribute, publish, exhibit, display, share, repost, modify, create derivative works from or otherwise use any Program Content, as well as your social media handle, profile picture, avatar, profile, caption or other identifying information, in connection with the Program in any manner and in any media now known or hereinafter invented in Ring’s sole discretion. You will ensure that, and hereby represent and warrant that, you own or have secured all rights necessary to provide Ring the Program Content and to grant Ring the foregoing license, including permissions from all people mentioned or shown in the Program Content and/or the person who created the Program Content. You may not use the hashtag “#RingPets” or otherwise link to the homepage or other website of Ring in such a way (i) that is unfair or illegal or damages or takes advantage of Ring’s reputation, (ii) other than for personal use, or (iii) as to suggest any form or association, approval or endorsement on Ring’s part where none exists.

• You agree that you have no right of inspection or approval, no claim to compensation and no claim (including claims based upon copyright, trademark, invasion of privacy, defamation, right of publicity or moral rights) arising out of Ring’s exercise of (or failure to exercise) the rights granted herein.

• Ring is not responsible, and provides no warranty whatsoever, for any of the content or information posted or shared by third parties under the hashtag “#RingPets”.

• These Program Terms do not create or infer any rights that are enforceable by any person who is not party to them.

• To the maximum extent permitted by law, in no event will Ring be liable for monetary damages, including any direct, special, incidental, indirect, consequential, exemplary or punitive damages, whatsoever (whether arising under contract, tort, strict liability or any other theory) related to or arising from the Program.

• In some instances, both these Program Terms and separate Ring terms (“Other Terms”) will apply to your interaction with Ring. To the extent that there is a conflict between these Program Terms and any applicable Other Terms, these Program Terms will control with respect to the specific subject matter set forth herein.

• THE PROGRAM TERMS ARE GOVERNED BY, AND WILL BE CONSTRUED IN ACCORDANCE WITH, THE LAWS OF THE STATE OF CALIFORNIA, AND THE FORUM AND VENUE FOR ANY DISPUTE SHALL BE IN HAWTHORNE, CALIFORNIA, WITHOUT GIVING EFFECT TO ANY CHOICE OF LAW OR CONFLICT OF LAW RULES OR PROVISIONS WHICH MIGHT OTHERWISE CAUSE THE APPLICATION OF THE LAWS OF ANY JURISDICTION OTHER THAN THE STATE OF CALIFORNIA. IF THE CONTROVERSY OR CLAIM IS NOT OTHERWISE RESOLVED THROUGH DIRECT DISCUSSIONS OR MEDIATION, IT SHALL THEN BE RESOLVED BY FINAL AND BINDING ARBITRATION ADMINISTERED BY JUDICIAL ARBITRATION AND MEDIATION SERVICES, INC., IN ACCORDANCE WITH ITS STREAMLINED ARBITRATION RULES AND PROCEDURES OR SUBSEQUENT VERSIONS THEREOF (“JAMS RULES”). THE JAMS RULES FOR SELECTION OF AN ARBITRATOR SHALL BE FOLLOWED, EXCEPT THAT THE ARBITRATOR SHALL BE EXPERIENCED AND LICENSED TO PRACTICE LAW IN CALIFORNIA. ALL PROCEEDINGS BROUGHT PURSUANT TO THIS PARAGRAPH WILL BE CONDUCTED IN THE COUNTY OF LOS ANGELES. THE REMEDY FOR ANY CLAIM SHALL BE LIMITED TO ACTUAL DAMAGES, AND IN NO EVENT SHALL ANY PARTY BE ENTITLED TO RECOVER PUNITIVE, EXEMPLARY, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, INCLUDING ATTORNEYS’ FEES OR OTHER SUCH RELATED COSTS OF BRINGING A CLAIM, OR TO RESCIND THIS AGREEMENT OR SEEK INJUNCTIVE OR ANY OTHER EQUITABLE RELIEF. ENTRANTS AGREE THAT ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THIS CONTEST SHALL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION.